Temporary Restraining Order

Clarifies the basis for granting a temporary restraining order.
Increases the duration of a temporary restraining order. (HB177

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1                              PART I.
 2      SECTION 1.  Section 604-10.5, Hawaii Revised Statutes, is
 3 amended by amending subsections (d), (e), and (f) to read as
 4 follows:
 5      "(d)  A petition for relief from harassment shall be in
 6 writing and shall allege that a [recent] past act or acts of
 7 harassment may have occurred, or that threats of harassment make
 8 it probable that acts of harassment may be imminent; and shall be
 9 accompanied by an affidavit made under oath or statement made
10 under penalty of perjury stating the specific facts and
11 circumstances from which relief is sought.
12      (e)  Upon petition to a district court under this section,
13 the court may temporarily restrain [for a period of fifteen
14 days,] the person or persons named in the petition from harassing
15 the petitioner [if the alleged harassment has caused the
16 petitioner substantial emotional distress.] upon a determination
17 that there is probable cause to believe that a past act or acts
18 of harassment have occurred or that a threat or threats of
19 harassment may be imminent.  The court may issue an ex parte
20 temporary restraining order either in writing or orally[,];

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 1 provided that oral orders shall be reduced to writing by the
 2 close of the next court day following oral issuance.
 3      (f)  A temporary restraining order that is granted under
 4 this section may remain in effect at the discretion of the court
 5 for a period not to exceed ninety days from the date the order is
 6 granted.  A hearing on the petition to enjoin harassment shall be
 7 held within fifteen days after [it is filed.] the temporary
 8 restraining order is granted.  In the event that service of the
 9 temporary restraining order has not been effected before the date
10 of the hearing on the petition to enjoin, the court may set a new
11 date for the hearing; provided that the new date shall not exceed
12 ninety days from the date the temporary restraining order was
13 granted.
14      The parties named in the petition may file or give oral
15 responses explaining, excusing, justifying, or denying the
16 alleged act or acts of harassment.  The court shall receive
17 [such] all evidence [as] that is relevant at the hearing, and may
18 make independent inquiry.
19      If the court finds by clear and convincing evidence that
20 harassment as defined in paragraph (1) of that definition exists,
21 it may enjoin for no more than three years further harassment of
22 the petitioner, or that harassment as defined in paragraph (2) of
23 that definition exists, it shall enjoin for no more than three

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 1 years further harassment of the petitioner; provided that this
 2 paragraph shall not prohibit the court from issuing other
 3 injunctions against the named parties even if the time to which
 4 the injunction applies exceeds a total of three years.
 5      Any order issued under this [subsection] section shall be
 6 served upon the respondent.  For the purposes of this section,
 7 "served" shall mean actual personal service, service by certified
 8 mail, or proof that the respondent was present at the hearing in
 9 which the court orally issued the injunction.
10      Where service of a restraining order or injunction has been
11 made or where the respondent is deemed to have received notice of
12 a restraining order or injunction order, any knowing or
13 intentional violation of the restraining order or injunction
14 order shall subject the respondent to the provisions in
15 subsection (h).
16      Any order issued shall be [served by regular mail upon]
17 transmitted to the chief of police of [each] the county[.] in
18 which the order is issued by way of regular mail, facsimile
19 transmission, or other similar means of transmission."
20                             PART II.
21      SECTION 2.  Section 711-1106, Hawaii Revised Statutes, is
22 amended by amending subsection (1) to read as follows:
23      "(1)  A person commits the offense of harassment if, with

Page 4                                                     177
                                     H.B. NO.           H.D. 1
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 1 intent to harass, annoy, or alarm any other person, that person:
 2      (a)  Strikes, shoves, kicks, or otherwise touches another
 3           person in an offensive manner or subjects the other
 4           person to offensive physical contact;
 5      (b)  Insults, taunts, or challenges another person in a
 6           manner likely to provoke an immediate violent response
 7           or that would cause the other person to reasonably
 8           believe that the actor intends to cause bodily injury
 9           to the recipient or another or damage to the property
10           of the recipient or another;
11      (c)  Repeatedly makes telephone calls, facsimile, or
12           electronic [mail] transmissions without purpose of
13           legitimate communication;
14      (d)  Repeatedly makes a communication anonymously or at an
15           extremely inconvenient hour;
16      (e)  Repeatedly makes communications, after being advised by
17           the person to whom the communication is directed that
18           further communication is unwelcome; or
19      (f)  Makes a communication using offensively coarse language
20           that would cause the recipient to reasonably believe
21           that the actor intends to cause bodily injury to the
22           recipient or another or damage to the property of the
23           recipient or another."

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 1      SECTION 3.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 4.  This Act shall take effect on July 1, 9999.